Russia and the Council of Europe: 10 Years After

In the 10 years since Russia joined the Council of Europe, there have been successes and failures of her membership. The impact of the European Convention on Human Rights on Russian Law should not be underestimated: by making the Convention part of its national body of law, the Constitution of the Russian Federation adheres to the principle prescribing that those rights shall be secured effectively, not just theoretically. The Russian Federation has made commitments to introduce new laws in line with the Council of Europe standards. Russian citizens have obtained the right to appeal to the European Court of Human Rights and, since then, there has been an explosive increase of applications from Russia to the European Court for Human Rights. It appears that civil society has learned to use the European Court of Human Rights in its quest for justice. In addition, the European Committee for the Prevention of Torture now has competence over all places in Russia where persons are deprived of their liberty. Nevertheless, opportunities provided by this membership were missed. Was Russia's admission to the Council of Europe premature? It was a political decision for both parties: the Council of Europe decided that it was better to get Russia inside this European organization, than to keep her out. Russia, in turn, saw membership of the Council of Europe as the first step towards acceptance as a player on the European and international scene. This book brings together academic legal experts, specialists involved in court practice, actors at different levels of political decision making and in NGOs, who interrogate questions as: • What is the Convention's real impact on the Russian legal system? • What are the main obstacles to domestic implementation of the Convention and what are the proposed means to overcome them? • What is the future for Russia's membership of the Council of Europe?

Introduction: Russia's Membership in the Council of Europe, Ten Years After; K.Malfliet& S.Parmentier PART I: A VIEW FROM WITHIN THE COUNCIL OF EUROPE Russia's Accession to the Council of Europe and the Fulfillment of its Obligations and Commitments; R.Bindig Democratic Reforms in Russia: The Role of the Monitoring Process of the Parliamentary Assembly of the Council of Europe; L.Van Den Brande PART II: THE INFLUENCE OF RUSSIA'S MEMBERSHIP OF THE COUNCIL OF EUROPE ON LEGAL REFORMS IN RUSSIA Russia and the Rule of Law; F.Feldbrugge The Impact of the European Convention on Human Rights on Russian Legislation and Judicial Practice; A.Kovler Russian Legal Reforms and the Council of Europe: One Step Forward, Two Steps Back; A.Fogelklou Adversarial Principles and the Case File in Russian Criminal Procedure; J.Kahn PART III: IS RUSSIA HONOURING ITS MEMBERSHIP OBLIGATIONS TO THE COUNCIL OF EUROPE? Gambling, Misunderstanding or Compromising? The Council of Europe and the War in Chechnya; A.Merlin Can the European Court of Human Rights Provide Justice for Victims of Russian Human Rights Abuses in Chechnya?; R.Lemaitre Conclusion: Future Perspectives; K.Malfliet& S.Parmentier